Doctrine of Harmonious Construction – Indian Polity Notes
The Doctrine of Harmonious Construction states that a provision of a statute which is considered to be violative of any fundamental right must not be considered in isolation, rather should be considered as a whole. This would ensure removal of any type of inconsistency or repugnancy.
The courts must construe opposing provisions and harmonize them. It must avoid a clash between contradicting provisions.
In case the court is unable to harmonize the difference between the two opposing provisions in a law, it would be the court’s responsibility to interpret them in such a way, that both the opposing provisions are given operationality.
What is the Object of the Doctrine of Harmonious Construction?
Using the Doctrine of Harmonious Construction, the Court focuses on avoiding any kind of conflict or confrontation between two enacting provisions of a statute. The objective also is to construe conflicting provisions so that they harmonize.
The Legislature’s intent is never to provide for two conflicting provisions within a law, and for the same reason, lead to self-contradiction.
Even if any provision within a statute is found to be inconsistent with any other provision, it is considered unintentional on the part of the Legislature, and using the Doctrine of Harmonious Construction, a harmony is made between them.
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